William Wallace executive withdraws appeal from CAS, to take dispute with FIFA to TT High Court

By May 18, 2020

Citing concern over the perception of bias in favour of FIFA, William Wallace and his ousted executive of the Trinidad and Tobago Football Association (TTFA) have withdrawn their appeal currently before the Court of Arbitration for Sport (CAS). Describing the situation as a fight against injustice, Wallace said they will now take the dispute to the Trinidad and Tobago High Court.

Lawyers representing the ousted executive filed their notice of withdrawal to CAS on Monday.

Wallace was seeking CAS to overturn a decision by FIFA to appoint a normalization committee to oversee the running of the association until new elections can be held.

Wallace and his executive were constitutionally elected in November 2019, but FIFA, citing the lack of proper financial controls within the heavily indebted association, took the decision to intervene four months after the elections were held.

This, despite the fact that the bulk of the debt was accumulated under the previous administration led by David John-Williams.

However, in light of recent developments at CAS, the ousted executive feel they would be unable to get a fair shake before CAS.

“Indeed, the CAS cannot be said to be a free, fair and impartial forum if sporting bodies like the Respondent, with deep pockets and even deeper agendas, can unilaterally seek to impose the CAS as a forum for the resolution of disputes while simultaneously – and quite unconscionably – refusing to pay its share of the arbitration costs. Arbitration costs which are themselves disproportionately high to the ordinary litigant,” the lawyers said.

“In sum, the CAS has demonstrated that it not a proper forum for the adjudication of this matter. It has demonstrated apparent institutional bias in the familiarity and latitude shown to the Respondent.

Our clients have therefore instructed us to withdraw the appeal with immediate effect.”

In early May, the lawyers wrote to CAS expressing concerns over hiked costs - US$41,000 - that Wallace and his executive were being compelled to pay in advance of the tribunal hearing while at the same time declaring that FIFA will not pay arbitration costs in advance in matters such as these.

The costs were especially high, considering that the hearing would have likely taken place by video conference thus eliminating usual travel costs of the panel and the CAS’ counsel.

“To that end, we are genuinely unsure how the CAS facilitates access to justice with such extravagant fees. The Appellants are not from the developed world, nor are they as well-financed as the Respondent,” Dr Emir Crowne wrote to CAS.

The lawyers also argued that the matter was made even more alarming since the tribunal accepted without question FIFA’s submission that they wanted the matter heard by three arbitrators, thus tripling the associated costs.

“On its face, therefore, the CAS appears to be a willing participant in the Respondent’s gamesmanship, especially if the CAS had institutional knowledge that the Respondent – an entity with immeasurable financial resources – would not be advancing their share of the arbitration costs,” the lawyers said.

CAS’ subsequent response further rankled the lawyers while cementing their fears that they would not be able to have a fair hearing.

“Your response further solidified our clients’ concerns about the apparent institutional bias of the CAS,” said the lawyers in their letter to CAS on Monday.

They made reference to correspondence from CAS that said, “The Respondent is, however, invited to inform the CAS Court Office by 11 May 2020 whether it intends to pay its share of the advance of costs in this specific procedure. In case the Respondent refuses to pay such share, Article R64.2 of the Code shall apply and the CAS Finance Director's letter dated April 30, 2020, will be fully confirmed.”

FIFA, they said, then promptly informed the CAS on May 11, 2020, that it “will not pay its share of the advance of costs in this specific procedure.”

“If the CAS had genuinely rejected our clients’ concern of apparent institutional bias, it is unclear why the CAS would – subsequent to our letter – extend such an invitation to the Respondent at all.”

 

 

 

 

 

 

 

Leighton Levy

Leighton Levy is a journalist with 28 years’ experience covering crime, entertainment, and sports. He joined the staff at SportsMax.TV as a content editor two years ago and is enjoying the experience of developing sports content and new ideas. At SportsMax.tv he is pursuing his true passion - sports.

Related items

  • Setien says Messi needs a rest as Barcelona chase LaLiga title Setien says Messi needs a rest as Barcelona chase LaLiga title

    Quique Setien said Lionel Messi needed a rest as his "tired" Barcelona kept the pressure on Real Madrid with a 1-0 win over Real Valladolid.

    Messi set up Arturo Vidal's 15th-minute goal on Saturday as Barca moved back within a point of rivals and LaLiga leaders Madrid, who have a game in hand.

    But the superstar attacker played 90 minutes as Barca's busy schedule continued and Setien said afterwards that Messi needed a rest.

    "He probably will get a rest, yes," the Barcelona coach told a news conference.

    "I've mentioned it to him previously and perhaps today if we'd got a couple more goals, as I think we deserved, he probably would have come off to get a little bit of a rest."

    Antoine Griezmann and Luis Suarez, meanwhile, each played 45 minutes, with the Uruguayan replacing the France international at half-time.

    Setien, who said Griezmann had taken a "knock", feels Barca were tired after a third game in the space of a week.

    "I think it's mostly tired legs. It's less than 72 hours since we played our last game," he said.

    "It was very hot today and the pitch felt a lot bigger towards the end of the match. You could see that, a lot of players were not looking fresh on late in the game and they probably lacked that touch of intensity.

    "We've played many games and it's very draining and we have quite a few players who've played a lot of minutes so we can't blame our football, I blame mostly our tired legs for today's game.

    "Sometimes that can affect your decision making, but this is normal for the current situation we're in."

  • Costa on controversial Atletico winner: It didn't come off my arm Costa on controversial Atletico winner: It didn't come off my arm

    Diego Costa denied that his goal in Atletico Madrid's 1-0 victory over Real Betis was scored with the assistance of his arm.

    Atleti secured the win they needed to clinch a top-four finish in LaLiga on Saturday, despite playing over half an hour with 10 men following Mario Hermoso's straight red card for a foul on Loren Moron.

    Costa was sent on as one of a trio of attacking changes just before Hermoso's dismissal and, after Diego Simeone's side absorbed some late pressure, he guided Yannick Carrasco's free-kick into the bottom-right corner to seal the three points.

    Betis defender Marc Bartra played Costa onside but a lengthy VAR check was conducted to see whether the Atleti striker had used his arm in the process of scoring.

    The replays appeared inconclusive and the goal was allowed to stand, unlike first-half efforts for Angel Correa and Alvaro Morata that were chalked off with video assistance.

    "It would be one thing if they called it offside for my goal but it didn't come off my arm. I'm very clear it wasn't [handball] and I'm happy," Costa told Movistar.

    "It was a difficult game after Mario's red card. Our goal was to finish in the top four. Now we have that and we've got two more games we have to try to win to continue our good form.

    "I think it was a good sign that we scored from a set-piece. We were in control. What happened in the second half made it more difficult, but we had a bit of luck and got the win.

    "I don't know why we always have to suffer like this, but we always suffer and win. If we don't suffer, we don't feel right, so we're happy and we'll look for more glory."

    Referee Jose Luis Gonzalez Gonzalez maintained his decision to dismiss Hermoso after a trip to the pitchside monitor, but Costa felt a booking would also have been a fair punishment.

    "If they'd given a yellow card for Mario Hermoso then fine. I think it was on the limit and in the end the referee has to make the decision, but I think a yellow or red was fair," he said.

    Guido Rodriguez disagreed with Costa's assessment of the goal, claiming the ball clearly struck the attacker's arm.

    "We saw that when Costa scored it touched his arm, but they didn't make that decision, so that's how it was," the Betis midfielder said.

    "We played with a player more, looking for the goal, but we leave pretty annoyed because we couldn't get it."

  • Atletico Madrid 1-0 Real Betis: Costa seals Champions League spot for 10 men Atletico Madrid 1-0 Real Betis: Costa seals Champions League spot for 10 men

    Diego Costa guaranteed 10-man Atletico Madrid's place in next season's Champions League by heading home the winner in a 1-0 LaLiga victory over Real Betis.

    Atleti looked destined to hold on for at most a draw after Mario Hermoso was shown a straight red card for a foul on Loren Moron, but substitute Costa steered home Yannick Carrasco's free-kick in the 74th minute to secure a top-four finish for Diego Simeone's men.

    After seeing goals for Angel Correa and Alvaro Morata overturned by VAR, there were concerns Costa's header would be ruled out during a lengthy check for handball.

    However, the goal was allowed to stand, ensuring Atleti will return to European football's top table in 2020-21.

     

© 2020 SportsMaxTV All Rights Reserved.